SUMESH CHAND ETC. Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition under Section 482, Code of Criminal Procedure, wherein the Petitioners seek the quashing of the commitment order dated 31st March, 1977, whereby the Chief Judicial Magistrate, Hissar, had committed the case to the Court of Session, Hissar, under Sections 306, 307, 343, 323, 354, 109 and 120B, I.P.C.

(2.) MR . Gill appearing for the Respondent State has raised a preliminary objection to the maintainability of the petition. It has been urged by him that this Court should refrain from exercising its inherent power under Section 482 of the Code of Criminal Procedure when the relief sought by the Petitioners could be granted by the Court of Session under Section 227 of the Code of Criminal Procedure (also referred hereafter as the new Code).

(3.) IN the light of the above, I am of the considered view that the order under Section 209 of the new Code is in the nature of an Interlocutory order against which the revisional jurisdiction of this Court is expressly barred by Sub -section (2) of Section 397 of the new Code and where the new Code bars the revisional jurisdiction, it would be mere abuse of the process of the Court if a party is permitted to invoke its inherent jurisdiction, more particularly when the said party can get the desired relief nearer home under Section 227 of the new Code from the Sessions' Court itself.